Western Cape IWRM Action Plan: Status Quo Report Final Draft

Western Cape IWRM Action Plan: Status Quo Report Final Draft

4.INSTITUTIONAL ARRANGEMENTS AND OPERATIONAL ISSUES

4.1INTRODUCTION

The previous chapter reviewed the legal framework and the legislative gaps and conflicts. The next key step is to review the institutions and role-players involved in water governance. Governance is broader than “government” in that it looks at the roles of all stakeholders in managing water resources. Responsibility and accountability for water resources management does not end with Government institutions, but is the responsibility of all users and dischargers to the resources. These role-players include: the State (National, Provincial, Regional or Local), private sector, non-profit sector, residents, and international role-players. This chapter seeks to understand what the responsibilities of these role-players are, as well as the linkages/interactions between them, and to identify the gaps and conflicts in order for the Action Plan to address them.

4.1.1Types of Role-players

The State: The National, Provincial and Local governments provide the basic rules of governance (i.e. through legislation) and have the legal and authoritative framework to promote policymaking. The State (in each sphere) can be both a polluter as well as a problem solver. Its role as polluter emerges through its land use policies and its development policies. Its role as problem solver emerges through how it integrates its environmental policies (including water resources management) in all its different departments at different levels of governance – e.g. this IWRM Action plan is cross cutting across various departments and spheres of government. Important State role-players include: the Department of Water Affairs (DWA) (especially Western Cape Regional Office i.e. DWA:RO), the Provincial Department of Environmental Affairs and Development Planning (DEA&DP), Department of Agriculture, Forests and Fisheries (National and Provincial spheres), Department of Provincial and Local Government (DPLG), Department of Public Works (DPW), etc.

Parastatals, Quasi-government and State-funded initiatives: play an important role in policymaking and policy implementation, as the other role-players will look to these actors as examples for compliance to policies and implementation of the State’s legal and authoritative framework. The State-funded initiatives are also viewed as implementing mechanisms, such as the “Working for…” programmes, or as supporting mechanisms to assist the State develop their frameworks, such as the Water Research Commission (WRC). Quasi-government would include the CMAs.

The private sector: The private sector – from small-scale (small and medium enterprises, SMEs) to large scale – have a very influential role as actors in policy-making. The small and medium enterprises are critical for the economy. In developed countries they are often part of the formal economy; in developing countries they may be part of the informal economy. SMEs are often so small in size that it is very difficult for them to invest in environmentally friendly behaviour; however, sometimes their very size makes them more eco-friendly. Large industry, by definition, uses more resources and has more waste and is often seen as the problem by environmentalists. However, large industries also have the resources to make their production processes more environmentally friendly.

The Non-Profit Sector: the non-government organisation (NGO) sector which also includes non-profit organisations (NPOs) and community based organisations (CBOs), espouses a number of causes such as developmental, social, and environmental needs and rights. This sector is often very influential in pushing its problem definition and its solutions on to society using a range of techniques at its disposal – lobbying legislators, public awareness campaigns, advocacy etc. NGOs play an important role in holding all stakeholders accountable, including themselves. Important NGOs in the province include The Wildlife and Environment Society of South Africa (WESSA), and the World Wildlife Fund (WWF).

The residents: The individual residents of a region also influence the policymaking process through their votes, public protests and public demands. In South Africa in general, national politics is particularly sensitive to previously disadvantaged groups – such as women, youth, local communities and indigenous peoples, thereby ensuring participation and engagement of all stakeholders.

International actors: domestic activities of countries are no longer isolated from international influences. The most direct influence stems from international environmental agreements which impact on local policy; however, there are more subtle influences as well. International environmental NGOs have a major impact on domestic policy processes. Aid agencies and Development Banks have influenced national policymaking through the process by which aid is provided to countries and projects. Multinational corporations often shape or pre-empt policies in countries through their behaviour, business models and internal policies. Important international actors include SADC and international funding agents such as the World Bank, EU Water Initiative (EUWI), Swedish International Development Agency (SIDA), African Development Bank (AfDB), etc.

Having outlined the categories of role-players involved in water resources governance, it is also important to understand their relations to each other, before describing them in detail. These relations are illustrated in Figure4.1.1.

Figure 4.1.1Conceptual illustration of different relations in governance.

Note:

Horizontal governance refers to the relationships between different units at the same level of governance;

Vertical governance relationships refer to the relation between different hierarchic levels of governance;

Diagonal governance refers to the relationship between State and non-state actors in governance, often leading to co-regulation;

Parallel governance refers to self-regulatory attempts at governance by non-state actors. This leads to codes of practice by business, or eco-labelling schemes.

On an issue by issue basis, role-players may be involved or interested to varying degrees, e.g. From a seller’s perspective, buyer’s perspective, third party support, third party victim, payer, etc., see

Table4.1.1. These interests may change between issues, and roles may be reversed between issues.

Table4.1.1Types of stakeholder interests (Source: Mansley et al[1], 2002)

Interest / Definition
Seller interest / Interests of the person selling the idea / technology / service
Buyer interest / Interests of the purchaser of the idea / technology / service
Third party supporter interest / Interests of those parties supporting the idea /technology / service
Third party victim interest / Interests of those parties negatively affected by the idea / technology / service
Payer interest / Interests of those parties that have a role in financing the idea/technology or service (funding agents)

When compiling the Action Plan and identifying role-payers for the various tasks, the above-mentioned roles, relations in governance, and interests of role-players must be considered, especially when considering accountability and jurisdiction of influence of role-players. The following sections outline in more detail each of the role-players involved in the Western Cape in relation to water resources governance.

The various statutes allocate different competencies to the different spheres of government and state-funded initiatives. The next sections identify the institutional arrangements for various themes related to water. At the end of each theme, the sub-heading “Operational Issues” draws out the problem areas related to that particular theme.

4.2WATER RESOURCES MANAGEMENT

Water Resources management begins with Section 24 of the Bill of Rights in the South African Constitution.Section24 states that everyone has the right –

(a)To an environment that is not harmful to their health or well-being; and

(b)To have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that –

1. Prevent pollution and ecological degradation;
2. Promote conservation; and
3. Secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

The National Water Act, Act 36 of 1998 (NWA), gives effect to the protection, management and sustainable utilisation of water resources as outlined in the constitution. The objective of the NWA is:

to ensure that the nation’s water resources are protected, used, developed, conserved, managed and controlled in ways which take into account amongst other factors –

(a)Meeting the basic human needs of present and future generations;

(b)Promoting equitable access to water;

(c)Redressing the results of past racial and gender discrimination;

(d)Promoting the efficient, sustainable and beneficial use of water in the public interest;

(e)Facilitating social and economic development;

(f)Providing for growing demand for water use;

(g)Protecting aquatic and associated ecosystems and their biological diversity;

(h)Reducing and preventing pollution and degradation of water resources;

(i)Meeting international obligations;

(j)Promoting dam safety;

(k)Managing floods and droughts,

and for achieving this purpose, to establish sustainable institutions and to ensure that they have appropriate community, racial and gender representation.

The Department of Water Affairs, which falls within the ambit of the Ministry of Water and Environmental Affairs is mandated by the NWA. The Act goes on to explain that the water resources of the Republic are held in trusteeship by the Minister. S.3(2) Without limiting subsection (1), the Minister is ultimately responsible to ensure that water is allocated equitably and used beneficially in the public interest, while promoting environmental values. S.3(3) The National Government, acting through the Minister, has the power to regulate use, flow and control of all water in the Republic. The Minister of Water Affairs and Environment, is the political head of the Department of Water Affairs, and ultimately accountable for the management of our water resources.

The NWA makes provision for various institutional bodies, responsible for various scales, and aspects of water resources management, as illustrated in Figure 4.2.1. These include:

• Advisory Committee to the Minister;
• International Water Management Institutions (International Bodies);
• Catchment Management Agencies;
• Water User Associations; and
• Department of Water Affairs National and Regional Offices.

Figure 4.2.1Interaction between water resource management institutions.

Each of the institutions is also responsible for developing various strategies and plans. The “interaction” of these strategies and plans is illustrated inFigure 4.2.2.

Figure 4.2.2"Interaction" of institutional plans and strategies across the institutional scales.

4.2.1Advisory Committees

According to section 99 of NWA, each advisory committee is established for a particular purpose, and it is therefore possible for a variety of advisory committees to be established with different purposes and functions. The advisory committees are tasked with advising the Minister on particular technical matters, for example Acid Mine Drainage.

4.2.2International Water Management Institutions

South Africa shares seven watercourses with her neighbouring countries. In order to ensure cooperative government and sustainable utilisation of these transboundary water resources, South Africa is signatory to various international agreements governing the transboundary resources. Meeting international obligations in terms of these agreements is afforded the seconded highest priority, after meeting the Reserve (both Human Basic Need and Ecological Reserve requirements), as set out in the National Water Resources Strategy 2004. In order to implement international agreements in respect of the management and development of water resources shared with neighbouring countries and on regional co-operation over water resources, the NWA makes provision for the establishment of International Water Management Institutions. The functions of which may be performed outside the Republic. The existing international water management bodies, established under the Water Act of 1956, are still operational. The Trans-Caledonian Tunnel Company (TCTA, between Lesotho and South Africa) and the Komati Basin Water Authority (KOBWA, between Swaziland and South Africa) are examples of these International Water Management Institutions.

The Western Cape region is not directly subject to any of the existing international agreements or International Water Management Institutions. However, South Africa is signatory to international water legislation and policy, such as the 1997 UN Convention on the Non-navigable Use of International Watercourses, and the UN Convention to Combat Desertification. The principles of which must filter through DWA’s policies and strategies. These international statutes will be discussed in more detail in the subsequent chapter on Existing Strategies and Plans.

4.2.3Catchment Management Agencies

One of the major changes between the Water Act of 1956, and the NWA, has been the decentralisation of water resources management to regional scale resource management. The NWA makes provision for this through the identification of Water Management Areas (WMAs) and the respective establishment of Catchment Management Agencies responsible for the management of the identified WMAs. 19 WMAs have been identified throughout South Africa, as shown in Chapter 2.

The NWA identifies the initial functions of CMAs to be:

S.80 Subject to Chapter 2 and section 79, upon the establishment of a catchment management agency, the initial functions of a CMA are –

(a)To investigate and advise interested persons on the protection, use, development, conservation, management and control of the water resources in its water management area;

(b)To develop a catchment management strategy;

(c)To co-ordinate the related activities of water users and of the water management institutions within its water management area;

(d)To promote the co-ordination of its implementation with the implementation of any applicable development plan established in terms of the Water Services Act, 1997 (act 108 of 1997); and

(e)To promote community participation in the protection, use, development, conservation, management and control of the water resources in its water management area. (Act 36 of 1998).

Powers of enforcement (s.19, s.20) are to be delegated later. (s.73 delegation).

The CMAs are ultimately responsible for the management of water resources within the WMAs. However, where CMAs have not been established, the Department of Water Affairs Regional Offices (DWA:ROs) will carry out the management of those Water Management Areas, as proto-CMAs. Ultimately the CMAs will be responsible for issuing Water Use Licences, however, the delegations to do so have not yet been handed over to the CMA and proto-CMAs. CMAs are Quasi-government role-players, in that they receive funding from the State, yet the board includes both government and non-government representation.

Only one CMA has been established in the Western Cape so far, and that is the Breede-Overberg CMA (BOCMA). This took place in 2005, and it was the second CMA to be established in the country. The other CMA established in the country so faris the Inkomati CMA.

Both the Gouritz and Olifants/Doorn CMAs have been gazetted but the boards still need to be determined. The Berg CMA was in the process of finalising the sectors to be included in the board when the process of CMA establishment was halted by the DWA National Office. The proposed way forward on the establishment of CMAs, is to merge the Gouritz and Breede WMAs and the Olifants-Doorn and Berg WMAs, so that there will be two CMA’s in the Western Cape. Therefore the Gouritz and Olifants-Doorn WMAs will not necessarily become individual CMA’s, but will rather merge with the pre-existing CMA’s and benefit from their experience and structures but be managed by the CMA board as individual Water Management Areas. However, if the process is approved, then the Western Cape has only 18 months to complete the CMA establishment process, which will include public meetings, establishing advisory committees and boards, etc.

Once established, the CMAs must progressively develop a Catchment Management Strategy (CMS) for the water resources within its water management area. Until such time as the CMSs are compiled, the Internal Strategic Perspectives (ISPs) will be the guiding strategies for the WMAs. The CMS must:

• Include a water allocation plan;
• Set principles for allocating water to existing and prospective users;
• Take into account all matters in terms of the protection, use, development, conservation, management and control of water resources;
• Be in harmony with the national water resources strategy;
• Must consult all stakeholders within its water management area; and
• Be reviewed every five years.

Only the Breede-Overberg CMA has developed a CMS within the Western Cape. This will be reviewed in the subsequent chapter on Existing Strategies and Plans.

The BOCMA currently receives some budget from the DWA, and only 1/3 of the budget is comprised from water tariffs paid by water users in the catchment. The tariffs are subject to the National Tariff Policy. Currently, thetariffs set are too low for the CMA to cover all costs with income derived only from the tariffs. The National Treasury will need to step in to make up the shortfall. Similar constraints are expected with the establishment of the other CMAs.

4.2.3.1Catchment Management Forums

Within each of the CMAs or proto-CMAs there are regular Catchment Management Forums between the residents, water users, industry and the CMA (or proto-CMA). This forum provides the opportunity for issues to be raised and discussed and for the CMA to provide feedback to its members.

4.2.4Water User Associations

Although Water User Associations (WUAs) are water management institutions their primary purpose, is not water resource management, rather water use management. They operate at a restricted localised level, and are in effect co-operative associations of individual water users who wish to undertake water-related activities for their mutual benefit. A WUA may exercise management powers and duties only if and to the extent these have been assigned or delegated to it. Although WUAs must operate within the framework of national policy and standards, particularly the National Water Resource Strategy, the Minister may exercise control over them by giving them directives or by temporarily taking over their functions under particular circumstances. Existing Irrigation Boards, Subterranean Water Control Boards and Water Boards established for stock watering purposes as per the Water Act of 1956, are recognised until they are re-structured as WUAs. In terms of section 98 of NWA, Irrigation Boards must be transformed to WUA’s. It is DWA’s mandate to transform Irrigation Boards (and other water boards) to WUA’s and to establish WUA’s in areas where water resource management is needed. There are areas where there is no Irrigation Board or WUA currently operating, and DWA have identified the more critical areas where a WUA must be established.